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Medical Power of Attorney

The second document that every Texan needs is a Medical Power of Attorney. This document allows for the agent you have appointed to make medical decisions for you in the event you cannot.

A Medical Power of Attorney can only be used while you are living. At any time during your lifetime you can appoint a new agent or execute a new Medical Power of Attorney.

Important Things to Consider and Decide:

  • In a Medical Power of Attorney, you need to decide who you would like to appoint as your agent to make Medical Decisions for you in the even you cannot. This should only be one individual. In the event that individual you have appointed first cannot serve or predeceases you, the person you have named as your alternate will become your agent. You will also need to decide who your next alternate would be in the event your second appointee cannot serve. While it is not necessary to have two alternate appointees, we recommend it.

  • The order of your appointees is important, as this is the pecking order in which the hospital or doctors office will contact the appointees you have listed to make a medical decision for you.

  • A Medical Power of Attorney can only be used while you are living and in the event you cannot make a medical decisions for yourself. You agent cannot act on your behalf if you can make decisions for yourself.

F.A.Q.’s

Why do I need a Medical Power of Attorney?

At some point in everyone’s life, we will all suffer from some form of incapacitation or disability that does not allow us to make a medical decision for ourselves. Having a medical Power of Attorney allows for someone you trust and appointed to make those medical decisions for you. You want to make sure that the person you have appointed as your agent knows what your wishes are in certain situations, such as life support, so they can honor your wishes if and when the time comes. Without a Medical Power of Attorney, family or friends would need to initiate a Guardianship of the Person proceeding to make medical decisions for you and consent to medical procedures. A Guardianship of the Person is a Court proceeding that can be very costly. For more information on the difference between a Medical Power of Attorney and a Guardianship of the Person, please contact an attorney in your area.

What is the difference between a Medical Power of Attorney and a Statutory Durable Power of Attorney?

There is is a difference between a Medical Power of Attorney and a Statutory Durable Power of Attorney (Financial Power of Attorney). A Medical Power of Attorney only allows the person you have appointed as your agent to make medical decisions for you in the event you cannot. A Statutory Durable Power of Attorney (Financial Power of Attorney) does not allow your agent to make medical decisions for you; your agent can only act on your behalf in making financial decisions for you and managing your Estate.